BEJ NATH GUPTA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioners, who are members of research faculty (Scientific and Design Staff) of the Indian Institute of Technology, Delhi, aggrieved of the non-implementation of the revised pay scale, as announced by the Government of India in its order dated 19th April, 1990, which has been made applicable only to the teaching staff, preferred this petition under Article 226 of the Constitution of India on 27th March, 1992.

(2.) Notice to show cause was directed to be issued on 8th April, 1992. On 6th November, 1992, it was observed that respondents 1 had to take a decision with regard to the revision of pay scales of the Research/Design staff; which had already been recommended by the I.I.T.Council. Respondent No.2 on or about 15th July, 1992. Accordingly, respondent No. 1 was directed to take a decision on the said question within a period of eight weeks. Decision was not taken with the time allowed An application was made seeking extension of time by another six weeks. On 16th February, 1993, while granting extension to take a decision on or before 9th March, 1993, it was directed that in case final decision is not taken by that date, the petitioners shall be paid their salary by way of an interim arrangement, as per the revised scale of the teachers. On 15th March, 1993, it was stated that respondent No. 1 had taken the decision. Since the petitioners felt aggrieved against the decision, amendment was sought to the writ petition, which was allowed and it is this amended petition, which is now being decided by this order.

(3.) The petitioners have sought the quashing of the decision of respondent No. 1, as conveyed in letter Annexure-K.l dated 5th March, 1993 as unconstitutional, illegal and not binding upon the petitioners and the like members of the research faculty (Scientific and Design Staff). They have also sought appropriate direction commanding respondents to implement the revised pay scales, as announced for the teaching faculty of the Indian Institute of Technology, contained in the letter dated 19th April, 1990, in case the petitioners and other like members of the research faculty, namely, scientific and design staff, in regard to salary, grades and all other benefits hitherto being enjoyed by the members of the teaching faculty w.e.f. 1st January, 1986 or in the alternative to direct the respondents to remove the disparity in the scales of pay of the members of the research faculty (scientific and design staff), including the petitioners vis-a-vis the teaching faculty and to extend the revised pay scales and all other benefits of teaching staff w.e.f. 1 st January, 1986 and further to direct the respondents to pay to the petitioners and other like members of scientific and design staff the arrears payable to them, as a consequence of the revision of pay scales w.e.f. 1st January, 1986.